SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2017 0047
| ROCCO ARICO | Applicant |
| v | |
| THE QUEEN | Respondent |
S APCR 2017 0048
| ROCCO ARICO | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL ACJ, WEINBERG and PRIEST JJA | |
| WHERE HELD: | MELBOURNE | |
| DATE OF HEARING: | 8 February 2018 | |
| DATE OF JUDGMENT: | 24 May 2018 | |
| MEDIUM NEUTRAL CITATION: | [2018] VSCA 135 | First Revision: 10 November 2020 [342] |
| JUDGMENT APPEALED FROM: | DPP v Arico (Unreported, County Court of Victoria, Judge Chettle, 10 November 2016 (Conviction), 3 March 2017 (Sentence)) | |
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CRIMINAL LAW – Appeal – Conviction – Extortion – Trafficking in large commercial quantity of drug of dependence (ice) – Offer to sell drugs – Whether offer genuine – Whether conviction unsafe – Evidence of finding of gun and ammunition in applicant’s possession – Whether relevant to extortion and/or trafficking charges – Whether danger of unfair prejudice outweighed probative value – Defence counsel conceded relevance – No anti-propensity direction sought – Leave to appeal refused – Drugs, Poisons and Controlled Substances Act 1981 s 71, Evidence Act 2008 s 137, Jury Directions Act 2015 ss 11–12.
EVIDENCE – Admissibility – Criminal trial – Charges of extortion, drug trafficking – Evidence of finding of gun and ammunition in applicant’s possession – Whether relevant – Whether danger of unfair prejudice outweighed probative value – Extortion charges based on threats to shoot – Whether applicant in business of drug trafficking – Circumstantial case –— Indicia of drug trafficking — Evidence admissible — Evidence Act 2008 ss 55, 137.
CRIMINAL LAW – Appeal – Sentence – Trafficking in large commercial quantity – Offer to sell drugs – Plea of not guilty – Sentence of nine years’ imprisonment – Whether manifestly excessive – Whether offer to sell less serious form of trafficking – Consideration of risk of harm – Appeal allowed – Resentenced to seven years’ imprisonment – Drugs, Poisons and Controlled Substances Act 1981 s 71.
WORDS AND PHRASES – ‘Offer for sale’, ‘accoutrements of drug trafficking’, ‘tools of trade’.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr O P Holdenson QC with Mr J O’Connor | Condello Lawyers |
| For the Crown | Ms F Dalziel | Mr J Cain, Solicitor for Public Prosecutions |
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PART 1: CONVICTION APPEAL (S APCR 2017 0048)
MAXWELL ACJ
WEINBERG JA:
The applicant stood trial in the County Court at Melbourne on three charges of extortion (charges 1, 2 and 6), one charge of intentionally causing injury (charge 3), and one of trafficking in a drug of dependence (methylamphetamine) (‘ice’) in not less than a large commercial quantity (charge 5) (‘the first trial’). On 10 November 2016, he was convicted of these five offences. Charge 4 was an alternative to charge 3, and no verdict was therefore taken in relation to that charge.
In February 2017, the applicant again faced trial in the County Court (‘the second trial’). He was convicted of one charge of being a prohibited person in possession of a firearm (charge 1), and one charge of possessing a drug of dependence…
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- AGLC
- Rocco Arico v The Queen [2018] VSCA 135
- Case
- [2018] VSCA 135
- Decision Date
CaseChat Overview and Summary
The applicant was convicted of trafficking in a large commercial quantity of a drug of dependence and extortion. The key issue before the court was whether the evidence of the gun and ammunition found in the applicant's possession was admissible and relevant to the charges. The court found that the evidence was relevant to both the extortion and drug trafficking charges. The evidence demonstrated the applicant's involvement in drug trafficking and the seriousness of the threats he made. The court also considered whether the sentence of nine years' imprisonment was manifestly excessive, given that the applicant had pleaded not guilty and the offer to sell drugs was for a less serious form of trafficking. The court found that the sentence was manifestly excessive and resentenced the applicant to seven years' imprisonment. The court held that the evidence of the gun and ammunition was admissible and relevant to the charges, and that the danger of unfair prejudice did not outweigh its probative value. The court also held that the sentence was manifestly excessive and resentenced the applicant to seven years' imprisonment.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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